Archana Dubey vs. Neeraj Kumar

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.164 OF 2021

SMT. ARCHANA DUBEY ... PETITIONER(S)

Versus

SH. NEERAJ KUMAR ... RESPONDENT(S)

O R D E R

As per the office report, respondent has been served but there is no appearance on his behalf. By order dated 30.09.2021, while issuing notice, further proceedings in H.M.A. Petition No. 692/2020 titled "Sh. Neeraj Kumar vs. Smt. Archana Dubey", pending before the District & Principal Judge, Family Court, Saket Courts, New Delhi was stayed. Hence, it is apparent that the respondent is aware of the pendency of the transfer petition. The respondent is proceeded ex-parte**.**

Having heard the learned counsel for the parties, the averments made in the transfer petition, and in the interest of justice, we allow the transfer petition.

Accordingly, H.M.A. Petition No. 692/2020, titled "Sh. Neeraj Kumar vs. Smt. Archana Dubey", pending before the Court of District & Principal Judge, Family Court, Saket Courts, New Delhi, is directed to be transferred to the Court of Principal Judge, Family Digitally signed by SONIA BHASIN Date: 2022.09.10 16:48:14 IST Reason: Signature Not Verified

1

Court, Darbhanga, Bihar, who may hear the case himself or assign it to a court of competent jurisdiction.

Records of the case would be immediately transferred to the transferee court.

The parties are directed to appear, either in person or through an authorized representative, before the transferee court on 10th November, 2022. However, in case there is non-appearance, court notice would be issued to the defaulting party.

The parties may explore the possibility of settlement through mediation. The transferee court would obtain the desire and wishes of the parties and proceed accordingly in this regard.

The transferee court would decide the matter expeditiously. Pending application(s), if any, shall stand disposed of.

.................J. (SANJIV KHANNA)

.................J. (J.K. MAHESHWARI)

NEW DELHI; SEPTEMBER 08, 2022.

ITEM NO.15 COURT NO.12 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Transfer Petition(s)(Civil) No(s). 164/2021

SMT. ARCHANA DUBEY Petitioner(s)

VERSUS

SH. NEERAJ KUMAR Respondent(s)

(IA No.13511/2021-EX-PARTE STAY )

Date : 08-09-2022 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI

For Petitioner(s) Mr. P.N Jha, Adv. Ms. Priyadarshi Kumar, Adv. Mr. Adit S., Adv. Mr. S.K. Pathak, Adv. Mrs. Revathy Raghavan, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The transfer petition is allowed in terms of the signed

order.

Pending application(s), if any, shall stand disposed of.

(SONIA BHASIN) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) [Signed Order is placed on the file]